News-Leader sues Republic school district for amount of settlement

Jun. 4, 2012

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Background

The federal lawsuit against the Republic School District was filed July 5. It alleged that when a female student told officials about harassment, assault and rape by another student during the 2008-09 school year, they told her they did not believe her. She allegedly recanted. The suit also alleged that, without seeking her mother's permission, school officials forced the girl to write a letter of apology to the boy and personally deliver it to him. She was then expelled for the rest of the school year and referred to juvenile authorities for filing a false report, the suit said. The girl was allowed back in school the following school year, and the boy continued to harass and assault her, the suit said. She did not tell school officials because she was afraid she would be accused of lying and kicked out of school. In February 2010, the boy allegedly forcibly raped the girl again, this time in the back of the school library. While school officials allegedly expressed skepticism of the girl, her mother took her to the Child Advocacy Center and an exam showed a sexual assault had occurred. DNA in semen found on the girl matched the DNA of the boy she accused, the suit said. Despite the finding of the Advocacy Center, the school suspended the girl for disrespectful conduct and public display of affection, the suit said. The suit was settled in November, with a an undisclosed amount awarded to the student’s family.

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The News-Leader filed a lawsuit today against the Republic School District asking that more information be released from a settlement over sexual abuse allegations by a student.

The suit argues the Republic School District is required to release certain pieces of information under the Missouri Sunshine Law in regard to a lawsuit the district settled late last year.

In July 2011, a student and her family filed a lawsuit against the district claiming the school failed to protect her after she reported a fellow classmate had harassed, assaulted and raped her multiple times over two school years.

In the initial response to the claims, the district dismissed the case as frivolous. But then the case was sealed to the public, and a settlement was awarded to the family to close the case in November.

Despite several requests from the News-Leader and its attorney, Bryan Wade, the Republic School District has refused to release any minutes or votes from any meeting where the settlement was discussed as well as the amount the district paid as part of the settlement.

Wade said discussions between himself and the St. Louis-based attorney hired by the Republic district have been ongoing.

“The News-Leader only filed suit after it appeared those discussions had reached an impasse,” he said.

In the petition filed in Greene County court today, the News-Leader argues RSMo 610.021 (1) requires the settlement amount to be made public.

A portion of that section reads: “the amount of any moneys paid by, or on behalf of, the public governmental body shall be disclosed.”

Wade said: “That information was not provided, although we believe that the applicable Sunshine Law statute requires disclosures of the information for obvious reasons—the taxpayers have a right to know how the school is conducting its business.”

The Republic School District has 30 days to respond to the suit, after which a hearing before a judge will likely be scheduled.

The lead attorney representing the district declined to comment for this story.

“Patrons in the Republic School District have shown a strong interest in this case and the handling of it undoubtedly contributed to changes in administration and the board,” said David Stoeffler, executive editor of the News-Leader.

Stoeffler said the paper had no interest in disclosing the name of the student or her family, but added: “It is clear the Sunshine Law requires the district to release the settlement amount.”